State v. Owen

(dissenting)-

I regret that I cannot agree with the majority of the Court for the following reasons.

I disagree with the position the majority has taken as to the instruction on flight. Flight is evidence of guilt and in connection with othei proof may be the basis from which guilt may be inferred. It is the absenting of oneself from the community of the crime out of the fear of or to avoid arrest. It is admitted under the exception to the hearsay rule that allows admissions against interest of a party. See Udall, Evidence § 178 (1960). The relevance of such evidence is based on the proposition…